Chapter 3701-33 Agricultural Labor Camps

(A)
"Agricultural labor camp"
or "camp" means one or more buildings, trailers, tents or vehicles, together
with any land appertaining thereto, established, operated, or used as temporary
living quarters for two or more families or five or more persons intending to
engage in or engaged in agriculture or related food processing, whether
occupancy is by rent, lease, or mutual agreement. "Agricultural labor camp"
does not include a hotel or motel, or a trailer park as defined and regulated
pursuant to sections 3733.01 to
3733.08 of the Revised Code, and
rules adopted thereunder.

(B)
"Board of health" means the board of health of a city or general health
district, or the authority having the duties of a board of health in any city
as authorized by section
3709.05 of the Revised Code or
an authorized representative of the board of health.

(C)
"Building" means any structure located in
an agricultural labor camp, whether or not it is used or intended for
supporting or sheltering any use or occupancy.

(D)
"Camp operator" means a person who is
required by section 3733.43 of the Revised Code to
obtain a license in order to maintain or operate an agricultural labor camp.

(E)
"Director" means the director
of the department of health of the state of Ohio or his/her authorized
representative.

(F)
"Dwelling"
means any building or structure that is wholly or partly used or intended to be
used for living or sleeping by human occupants.

(G)
"Environmental protection agency" means
the environmental protection agency of the state of Ohio.

(J)
"Health commissioner" means the person
occupying the office created by sections
3709.11 and
3709.14 of the Revised Code or
his authorized representative.

(K)
"Health district" means a city or general health district as created by or
under authority of Chapter 3709. of the Revised Code.

(L)
"Household" means one or more persons,
who may or may not be a family, who live in a single housing unit.

(M)
"Housing unit" is a structure or a
separate part of a structure that is used or intended for use as a home,
residence, or sleeping place by one person or by two or more persons who
maintain a common household.

(N)
"Licensee" means the person specified on the application for a license to
operate or maintain an agricultural labor camp and to whom a currently valid
license has been issued under section
3733.43 of the Revised Code.

(P)
"Person" means the
state, any political subdivision, public or private corporation, partnership,
association, trust, individual, or other entity.

(Q)
"Sewage" means any liquid waste
containing animal or vegetable matter in suspension or solution and may include
liquids containing chemicals in solution from water closets, urinals,
lavatories, bathtubs, laundry tubs or devices, floor drains, drinking
fountains, and other sanitary fixtures.

(R)
"Solid wastes" means such unwanted
residual solid or semi-solid material as results from commercial, and community
operations and includes garbage, street dirt, debris, combustible and
noncombustible material.

(A)
Except as otherwise provided in this
paragraph, prior to the fifteenth day of April in each year, every person who
intends to operate an agricultural labor camp shall make application to the
licensor for a license to operate such camp, effective for the calendar year in
which it is issued. The license fees specified in paragraph (D) of this rule
shall be submitted to the licensor with the application for the license. Each
person proposing to open a new camp or extensively alter an existing camp shall
submit with the application for a license the plans required by rule
3701-33-03 of the Administrative
Code. The application shall include the following information:

(B)
The licensor may accept an application
for an agricultural labor camp license on or after the fifteenth day of April
if it is accompanied by the fee required in paragraph (D) of this rule and if
the applicant has not been denied a license to operate an agricultural labor
camp in the previous year of operation.

(C)
No person shall operate or maintain an
agricultural labor camp without a license or in violation of the provisions of
rules 3701-33-01 to
3701-33-20 of the Administrative
Code and sections 3733.41 to
3733.49 of the Revised Code. No
license shall be issued unless results of water tests indicate that the camp's
water supply complies with the requirements of rule
3701-33-05 of the Administrative
Code, nor shall a license be issued if any violations of this chapter exist
concerning sanitation, drainage or habitability of housing units.

(D)
The annual license fee is twenty dollars,
unless the application for a license is made on or after the fifteenth day of
April, in which case the license fee is forty dollars. An additional fee of
three dollars per housing unit per year shall be assessed to defray the costs
of enforcing sections
3733.41 to
3733.49 of the Revised Code and
this chapter, unless the application for a license is made on or after the
fifteenth day of April, in which case an additional fee of six dollars per
housing unit shall be assessed.

(E)
Upon the issuance of an agricultural
labor camp license the licensor shall provide at least two copies of the poster
relating to the migrant agricultural ombudsman, as required by section
3733.45 of the Revised Code, to
the licensee. At least one copy of the poster shall be posted in a conspicuous
place within the camp.

(A)
The licensor shall inspect all
agricultural labor camps and shall require compliance with sections
3733.41 to
3733.49 of the Revised Code and
with this chapter prior to the issuance of a license. Each applicant shall
request the pre-license inspection required by section
3733.45 of the Revised Code and
by this paragraph at least thirty days prior to planned occupancy. The licensor
shall made the pre-licensure inspection within ten business days of the
request.

(B)
In addition to the
inspection required by paragraph (A) of this rule, the licensor shall inspect
each camp at least twice during occupancy, at least one of which shall be an
unannounced evening inspection conducted after five p.m. The licensor shall
make any other inspections that he considers necessary to adequately enforce
sections 3733.41 to
3733.49 of the Revised Code and
this chapter.

(C)
Upon receipt of
a complaint from the migrant agricultural ombudsman, upon receipt of a
complaint transmitted through the attorney general's office, or upon the basis
of the licensor's own information that an agricultural labor camp is operating
without a license, the licensor shall inspect the camp. If the camp is
operating without a license, the licensor shall require the camp to comply with
sections 3733.41 to
3733.49 of the Revised Code and
this chapter.

(D)
The licensor
may, upon proper identification to the operator or his agent, enter on any
property or into any structure at any reasonable time for the purpose of making
inspections required by section
3733.45 of the Revised Code.

(1)
All
sites used for camps shall be adequately drained. They shall not be subject to
periodic flooding, nor located within two hundred feet of swamps, pools, or
other surface collections of water that are located on the operator's property
unless the operator utilizes mosquito control measures approved by the
licensor. The camp shall be located so the drainage from and through the camp
will not endanger any water supply. All sites shall be graded, ditched, and
rendered free from depressions in which water may become a nuisance.

(2)
Housing in existence in the camp on April
2, 1985 shall not be subject to, or be in proximity to, conditions that create
or are likely to create offensive odors, flies, noise, traffic, or any similar
hazards. Housing constructed or installed after April 2, 1985 shall be a
minimum of two hundred feet from conditions that create or are likely to create
offensive odors, flies, noise, traffic or similar hazards.

(3)
A minimum distance of ten feet is
required between dwellings, and between dwellings and other buildings.

(4)
Grounds within the housing
site shall be free from debris, noxious plants (poison ivy, etc.) and
uncontrolled vegetation, such as grass, weeds or brush.

(5)
Any building in a camp that is not
structurally sound shall be repaired, sealed shut, razed or removed.

(6)
The operator shall set aside or provide
suitable recreational space consisting of not less than five per cent of the
gross camp area or fifteen hundred square feet, whichever is greater.

(7)
Roads, parking areas, and
walkways within the camp must be graded and covered with gravel, or with
flexible or rigid pavement.

(1)
Housing shall not be
subject to conditions that create or are likely to create offensive odors,
flies, noise, traffic or any other similar hazards, and shall be at least two
hundred feet from any area that would create offensive odors and at least
fifteen feet from any public roadway.

(2)
A minimum of fifteen feet is required
between housing units, and between dwellings and other buildings.

(3)
The operator shall set aside or provide
suitable recreational space consisting of not less than eight per cent of the
gross camp area or two thousand five hundred square feet, whichever is greater.

(4)
Roads, parking areas and
walkways within the camp shall be of flexible or rigid pavement.

(1)
A
properly located, constructed, and maintained potable water supply system of
sufficient capacity to meet the needs of the camp occupants shall be provided.
The water supply shall meet the standards of the environmental protection
agency.

(2)
A water supply shall
be deemed of sufficient capacity if it is capable of delivering thirty-five
gallons per person per day to the campsite at a peak rate of two and one-half
times the average hourly demand.

(3)
A cold water tap shall be available
within one hundred feet of each housing unit when water is not provided in the
unit. Adequate drainage facilities shall be provided for overflow and spillage.

(4)
Approved single service
containers, clean containers supplied by a camp occupant, or an approved
drinking fountain shall be used for dispensing drinking water.

(1)
Sufficient
water under pressure shall be supplied to all housing units for drinking,
dishwashing, cooking, bathing and toilet facilities. Adequate facilities for
providing hot water for dishwashing and bathing purposes shall be provided.

(2)
A drinking fountain or
fountains shall be provided in accordance with the following requirements: (a)
all drinking fountains shall be of approved sanitary design and construction;
(b) at least one fountain shall be provided for each one hundred persons or
fraction thereof if the fountain is located in a facility available to both
sexes. At least two fountains shall be provided for each one hundred persons or
fraction thereof if the fountains are located in an area such as a bathing
facility that is segregated by sex.

(1)
Sewage shall be discharged
into a public sewer system whenever available. Where a public sewer connection
is not feasible, sewage shall be discharged into a private sewage disposal
system, the operation of which does not create a nuisance, a hazard to health,
or pollute any waters of the state.

(2)
If privies are used to receive and store
fecal and urine wastes, they shall be provided with watertight vaults of a
minimum capacity of five hundred gallons for each thirty occupants or fraction
thereof who will use the privies. The minimum capacity requirements shall not
apply to privies that are constructed as a part of an environmental protection
agency approved sewage disposal system. The privies shall be properly vented,
cleaned as often as necessary with the contents disposed of in a manner and
place approved by the environmental protection agency, and located not less
than one hundred feet from any water supply.

(3)
Sewage disposal systems shall be properly
located, constructed, and maintained in accordance with the standards
prescribed by the environmental protection agency.

(4)
The camp shall be provided with suitable
drains or watertight receptacles for receiving the liquid wastes other than
body excreta, shower or laundry waste. Liquid waste shall not be discharged
upon or allowed to accumulate on the ground surface.

(5)
Liquid waste disposal facilities shall be
not closer than one hundred feet to a water supply and no more than two hundred
feet from a housing unit served by the facilities. Liquid waste disposal
facilities shall be clean and shall not create a nuisance.

(1)
Each building shall be
structurally sound, adequate in size for its use and easy to keep clean. Every
foundation, roof and exterior wall, door, skylight and window shall be
rodentproof, weathertight and watertight. Each building shall be kept in good
repair and in a sanitary condition.

(2)
Dwellings shall have flooring constructed
of rigid materials that are smooth finished, readily cleanable, and so located
as to prevent the entrance of ground water.

(3)
Wooden exterior walls of each building
shall be constructed of decay resistant wood, or covered with a non-toxic paint
or other type of protective coating.

(4)
The interior walls, ceilings and
partitions of each building shall be of substantial construction, smooth
finished, free of gross imperfections such as open cracks and holes, and
covered with a non-toxic paint or other type of wall covering that is
impervious to moisture.

(5)
All
housing units shall be numbered in a consecutive manner. The identifying number
of each housing unit shall be placed on the outside of the unit. Numbers at
least three inches in height shall be used for identification purposes.

(6)
The following space
requirements shall be provided in housing units in existence in the camp on
april 2, 1985:

(a)
Except as otherwise
provided in this paragraph, for sleeping purposes only in family units and in
dormitory accommodations using single beds, not less than fifty square feet of
floor space per occupant shall be provided. In a family unit, each child under
six years of age must be provided with not less than twenty-five square feet of
floor space. No minimum floor space shall be required for each child under two
years of age;

(b)
For sleeping
purposes in dormitory accommodations using bunk beds only, not less than forty
square feet per occupant;

(c)
Except as otherwise provided in this paragraph, for combined cooking, eating
and sleeping purposes, not less than sixty square feet of floor space per
occupant shall be provided. In a family unit, each child under six years of age
must be provided with not less than thirty square feet of floor space. No
minimum floor space shall be required for each child under two years of age.

(7)
The following space
requirements shall be provided in housing units constructed or installed after
April 2, 1985:

(a)
For sleeping purposes
only, not less than fifty square feet of floor space for each occupant whether
single beds or bunk beds are used;

(b)
For combined cooking, eating and sleeping
purposes, not less than one hundred square feet of floor space per occupant;

(8)
Dwellings used for
families with one or more children six years of age or older shall have a
separate room or partitioned sleeping area for the husband and wife. The
partition shall be of rigid materials and may be moveable, but must be a
minimum of six feet high so as to provide reasonable privacy.

(9)
Separate sleeping accommodations shall be
provided for each sex except in a housing unit occupied by a single family.

(10)
Adequate and separate
arrangements for hanging clothing and storing personal effects shall be
provided for each occupant or family. The minimum storage area for each
occupant is twelve inches by thirty-six inches extending from the floor to the
ceiling with hooks or rod for hanging clothes and one shelf twelve inches by
thirty-six inches. Furniture storage units may be substituted for required
shelf storage.

(a)
In
housing units in existence in the camp on April 2, 1985, at least one-half of
the floor area in each dwelling unit shall have a minimum ceiling height of
seven feet; provided, existing housing units and house trailers may be used
when the ceiling height is at least six feet, six inches. No floor space shall
be counted toward minimum requirements where the ceiling height is less than
five feet.

(b)
In housing units
constructed or installed after April 2, 1985, ceilings shall have a minimum
height of seven feet; provided, house trailers as defined by section
4501.01 of the Revised Code may
be used if they meet the requirements of
24 C.F.R. section
3280.104 for ceiling height.

(12)
Each habitable room, not
including partitioned areas, shall have at least one window or skylight opening
directly to the out-of-doors. The minimum total window or skylight area,
including windows in doors, shall equal at least ten per cent of the usable
floor area. However, each habitable room must have at least one openable window
in addition to any windows in doors for that room. The total area that can be
opened shall equal at least forty-five per cent of the minimum window or
skylight area required, except where comparably adequate ventilation is
supplied by some other method.

(13)
Manufactured homes as defined in section
4501.01 of the Revised Code that
are placed in agricultural labor camps after April 2, 1985, shall meet the
requirements of the manufactured home manufacturer or the most current
standards for the installation of ground anchors and tiedowns for manufactured
homes of the "American National Standards Institute".

(B)
To comply with the voluntary standards of
habitability, the following space requirements shall be met:

(1)
For sleeping purposes only, not less than
fifty square feet of floor space for each occupant whether single beds or bunk
beds are used;

(2)
For combined
cooking, eating and sleeping purposes not less than one hundred square feet of
floor space per occupant;

(3)
Manufactured homes as defined in section
4501.01 of the Revised Code
shall meet the requirements of the manufactured home manufacturer or the most
current standards for the installation of ground anchors and tiedowns for
manufactured homes of the "American National Standards Institute".

(A)
All housing units and service rooms that
are occupied before June first or after August thirty-first shall be provided
with properly installed heating equipment capable of maintaining a temperature
of at least sixty-eight degrees Fahrenheit. Portable electric heaters may be
substituted but must be physically present either in the housing units or in a
storage building on the camp premises that is accessible to the camp occupants
at all times.

(B)
If an electric
heating device is used, the branch circuit supplying this device must be of
sufficient capacity in accordance with applicable provisions of the "National
Electrical Code" or local electrical codes.

(C)
Any stoves, or other sources of heat
utilizing combustible fuel, shall be installed and vented directly to the
outside atmosphere in such a manner as to prevent fire hazards and a dangerous
concentration of gases. No portable heater, other than one operated by
electricity that is equipped with an automatic shut-off switch, shall be used.
If a stove burning a solid or liquid fuel is used in a room with wooden or
other combustible flooring, there shall be a concrete slab, insulated metal
sheet, or other fire resistant material on the floor under each such stove
extending at least eighteen inches beyond the perimeter of the base of the
stove or according to manufacturer's specifications.

(D)
The minimum distances between combustible
materials, including walls and ceilings, and heating devices shall be as
follows:

(3)
Six inches from the rear and sides of a
circulating type gas space heating device.

Distances shorter than those required by this paragraph may be
used if specified by the manufacturer of the heating device or if the
combustible materials are protected in a manner approved by the licensor.

(E)
The minimum
distance from a stovepipe or exhaust vent serving a heating device burning a
solid, liquid, or gas to any wall or ceiling is eighteen inches unless
protection is applied to these surfaces or a lesser distance is specified by
the manufacturer. A vented, fire resistant collar shall be installed around a
stovepipe or exhaust vent passing through a wall, ceiling, floor, or roof
unless otherwise specified by the manufacturer.

(F)
When a heating system has automatic
controls, the controls shall be of a type which cut off the fuel supply upon
the failure or interruption of the flame or ignition, or whenever a
predetermined safe temperature or pressure is exceeded.

(2)
All common use rooms and areas such as
laundry rooms, toilets, privies, hallways, stairways, etc., in existence in the
camp on April 2, 1985, shall contain a ceiling or wall-type light fixture that
will adequately light the area. At least two separate wall-type electric
convenience outlets, or one such convenience outlet and one supplied
ceiling-type electric light fixture, shall be provided in each habitable room
in existence in the camp on April 2, 1985.

(3)
All habitable rooms created as a result
of new construction or addition to the camp after April 2, 1985, shall be
provided with a wall-type convenience outlet so that no point along the floor
line in any wall space is more than six feet, measured horizontally, from an
outlet in that space, including any wall space two or more feet in width. Each
wall space two or more feet wide shall be treated separately from other wall
spaces in the room for purposes of this paragraph. Each habitable room shall
contain at least one ceiling or wall-type light fixture.

(4)
A minimum of three-tenths-foot candle of
artificial lighting shall be provided for the yard area and pathways to common
use facilities.

(5)
All wiring and
lighting fixtures shall be installed and maintained in a safe condition. It
shall be the responsibility of the agricultural labor camp operator to assure
that any newly installed electrical work is safe through a letter from a
certified electrical inspector or an electrical contractor other than the
installer.

(1)
All existing electrical systems in
existence in the camp on April 2, 1985, shall be maintained in accordance with
the "National Electrical Code" or local codes. The agricultural labor camp
operator shall present acceptable evidence that the existing electrical system
is in compliance with applicable provisions of the "National Electrical Code"
or local codes for one-, two-, and/or three-family dwelling units.

(2)
All electrical systems created as a
result of new construction, addition to an existing camp or upgrading after
April 2, 1985 shall be installed and maintained in accordance with the
"National Electrical Code" or local electrical codes for one-, two-, and/or
three-family dwelling units.

(1)
Toilet
facilities, including privies and chemical portable toilets approved by the
licensor, shall be constructed, located, and maintained in a sanitary condition
so as to prevent any nuisance or public health hazard.

(2)
Water closets or privy seats for each sex
shall be in the ratio of not less than one seat for each fifteen occupants with
a minimum of one seat for each sex in common use facilities.

(3)
Urinals constructed of materials
impervious to moisture may be substituted for men's toilet seats on the basis
of one urinal, or twenty-four inches of trough-type urinal, for one toilet seat
up to a maximum of one-third of the required toilet seats. In toilet
facilities, constructed or extensively altered after April 2, 1985, urinals
shall be provided on the basis of one unit for each twenty-five male camp
occupants, and the floor from the wall to a distance of not less than fifteen
inches from the outward edge of the urinals shall be constructed of materials
impervious to moisture.

(4)
Except
in individual family units, separate toilet accommodations for men and women
shall be provided. If toilet facilities for men and women are in the same
building, they shall be separated by a solid wall from floor to roof or ceiling
or a solid wall extending to a minimum height of at least eight feet. Toilets
shall be distinctly marked for "men" and for "women" by signs printed in both
English and the native language of the persons occupying the camp or marked
with easily understood pictures or symbols.

(5)
Where common use toilet facilities are
provided, an adequate and accessible supply of toilet tissue with holders shall
be furnished, or each agricultural camp occupant may provide his or her own
supply of toilet tissue.

(6)
In
common use toilet facilities, including privies, the following shall be
provided:

(a)
Adequate lighting at all hours
of the day provided by an artificial light source located within the facility
or a combination of an artificial light source located in the facility and
natural light;

(c)
Self-closing doors for all
entrances/exits, and sixteen-mesh screening for all outside openings that
provide ventilation.

(7)
No water closet, chemical toilet or
urinal shall be located in a room used for other than toilet purposes.

(8)
Individual family unit toilet
facilities, including privies, shall have adequate lighting provided at all
hours of the day by an artificial light source located within the facility or a
combination of an artificial light source located in the facility and natural
light, and shall have adequate ventilation provided by natural or mechanical
means. All outside openings that provide ventilation shall be covered with
sixteen-mesh screening.

(9)
Toilet
facilities shall be located within two hundred feet of each housing unit.

(10)
Privies and chemical portable
toilets approved by the licensor shall not be located closer than fifty feet to
any housing unit or any facility where food is prepared or served.

(11)
Chemical portable toilets approved by
the licensor may be used if supplied in the same ratio as specified in
paragraph (A)(2) of this rule. The operator shall provide the licensor with
proof of a properly executed contract specifying that each chemical portable
toilet holding tank will be pumped and cleaned at least once a week or more
often if necessary.

(1)
All family type housing units shall be
provided with individual water flush toilets which shall be located so that no
individual is required to pass through a sleeping area, other than his or her
own, in order to use the toilet facilities.

(2)
All common use toilet facilities shall be
provided with water flush toilets and urinals which shall be located so that no
individual is required to pass through a sleeping room, other than his or her
own, in order to use the toilet facilities.

(1)
Bathing and handwashing
facilities, including an adequate supply of hot and cold water under pressure,
shall be provided for the use of all occupants. These facilities shall be
maintained in a clean and sanitary condition and located in a building within
two hundred feet of each living unit.

(2)
In camps in existence on April 2, 1985,
there shall be a minimum of one showerhead per fifteen occupants with a minimum
of one unit for each sex in common use facilities. Showerheads shall be spaced
at least three feet apart, with a minimum of nine square feet of floor space
per unit. Prefabricated commercial showerstalls measuring thirty-two by
thirty-two inches are acceptable. Adequate dry dressing space shall be provided
in common use facilities. Shower floors shall be constructed of nonskid
materials that are impervious to moisture and sloped to properly constructed
floor drains. All walls and partitions shall be covered to the height of splash
with a smooth material that is impervious to moisture. All junctions of the
walls or partitions with the floor shall be coved. Except in individual family
units, separate shower facilities shall be provided for each sex. When common
use shower facilities for both sexes are in the same building they shall be
separated by a solid wall extending from the floor to the ceiling or roof, or a
solid wall extending to a minimum height of at least eight feet, and shall be
distinctly marked for "men" and "women" by signs printed in both English and
the native language of the persons occupying the camp or marked with easily
understood pictures or symbols.

(3)
In camps established or extensively
altered after April 2, 1985, there shall be a minimum of one showerhead per ten
occupants with a minimum of one unit for each sex in common use facilities.

(4)
In camps in existence on April
2, 1985, lavatories or equivalent units shall be provided in a ratio of one per
fifteen occupants with a minimum of one unit for each sex in common use
facilities.

(5)
In camps
established or extensively altered after April 2, 1985, there shall be one
lavatory per family housing unit or per six occupants with a minimum of one
unit for each sex in a common use facility.

(6)
Laundry facilities, including an adequate
supply of hot and cold water under pressure, shall be provided for the use of
all occupants. Laundry facilities in existence on April 2, 1985, shall have a
roof over the laundry area and the floors shall be constructed of materials
impervious to moisture and shall be sloped to properly constructed floor
drains. Laundry trays or tubs shall be provided in the ratio of one per
twenty-five occupants. Mechanical washers may be provided in the ratio of one
per fifty occupants in lieu of laundry trays or tubs, although a minimum of one
laundry tray or tub per one hundred occupants shall be provided in addition to
the mechanical washers. Facilities for drying clothes shall be provided.

(7)
In camps constructed or
extensively altered after April 2, 1985, laundry facilities shall be located in
a building and shall have a floor of concrete or a floor covered with another
type of floor covering that is impervious to moisture sloped to properly
constructed floor drains.

(1)
There shall be one lavatory
and one shower with an adequate supply of hot and cold water under pressure in
each individual family housing unit.

(2)
There shall be one showerhead per ten
occupants and one lavatory per six occupants with a minimum of one shower and
one lavatory for each sex in common use facilities. The showers and lavatories
shall have an adequate supply of hot and cold water under pressure.

(2)
When occupants are permitted or required
to cook and eat in a common facility, a room or building separate from the
sleeping facilities shall be provided for cooking and eating. The room or
building shall be provided with:

(a)
Stoves
or hot plates, with a minimum equivalent of two burners, in a ratio of one
stove or hot plate to ten occupants, or one stove or hot plate to two families;

(b)
Adequate food storage shelves
with a minimum of twelve square feet of surface area and an adequate counter
for food preparation with a minimum of five square feet of surface area;

(c)
Mechanical refrigeration for
storage of food at a temperature of not more than forty-five degrees
Fahrenheit;

(d)
Tables and chairs,
or equivalent seating and eating arrangements, adequate for the intended use of
the facility;

(g)
Floors of easily cleaned
materials that are impervious to moisture;

(h)
Heating equipment capable of maintaining
a temperature of sixty-eight degrees Fahrenheit if the room or building is used
before June first and/or after August thirty-first.

(3)
When central dining facilities are
provided, the kitchen and dining hall shall be in proper proportion to the
capacity of the housing unit or units and shall be separate from sleeping
quarters. The operation, equipment, and physical facilities shall be in
compliance with Chapter 3732. of the Revised Code and the rules adopted
thereunder.

(4)
Wall surface
adjacent to all food preparation and cooking areas shall be of easily cleaned
material that is impervious to moisture. In addition, the wall surface adjacent
to cooking areas shall be of fire-resistant material.

(B)
To comply with the voluntary standards of
habitability, the following shall be provided when occupants are permitted or
required to cook in their housing units:

(A)
Containers for refuse, including garbage,
shall be provided adjacent to each housing unit. These containers shall have a
maximum capacity of thirty-two gallons and shall be durable, rust resistant,
impervious to moisture, watertight, easily cleanable and covered with a tight
fitting lid to prevent the entrance of rats and other pests. Bulk-type
containers approved by the licensor that are conveniently located no more than
one hundred feet from the housing units served may be substituted for
individual housing unit refuse containers. Refuse containers shall be of
sufficient size and quantity to store garbage and refue generated in the camp
between pickups.

(B)
Provision
shall be made for the collection of refuse at least once a week or more often
if necessary. Refuse shall be disposed of in a solid waste disposal facility
licensed in accordance with section
3734.05 of the Revised Code. The
disposal shall be in accordance with section
3734.05 of the Revised Code and
the rules adopted thereunder.

(C)
Other large rubbish including, but not limited to, mattresses, springs,
refrigerators, and other large appliances, furniture, building rubble or
materials and hot water heaters shall be disposed of or stored in a manner
satisfactory to the licensor.

To comply with the minimum standards of habitability, effective
measures, approved by the licensor, shall be taken to prevent the infestation
by and harborage of animal or insect vectors or pests within the camp.

(D)
The clear space between the top of the
lower mattress of a bunk bed and bottom of the upper bunk shall be a minimum of
twenty-seven inches. The distance from the top of the upper mattress to the
ceiling shall be a minimum of thirty-six inches.

(E)
Beds used for double occupancy may be
provided only in family accommodations.

(1)
In housing units for less
than ten occupants, of one-story construction, two means of escape remote from
each other shall be provided. One of the two required means of escape may be a
readily accessible and unobstructed window so constructed that it can be opened
to a space of not less than twenty-four by twenty-four inches. If the second
means of escape is screened, the screen shall open readily. In housing units in
existence in the camp on April 2, 1985, a small door or panel that may be
readily pushed or kicked open outward may be substituted for an openable window
if it is readily accessible and unobstructed and so constructed that it can be
opened to a space of not less than twenty-four by twenty-four inches. This
small door or panel shall be clearly marked "Fire Exit" in both English and the
native language of the camp occupants.

(2)
All sleeping quarters intended for use by
ten or more occupants, central dining facilities, and common assembly rooms
shall have at least two doors remotely separated so as to provide alternate
means of escape to the outside or to an interior hall that leads directly to an
approved exit.

(3)
Sleeping
quarters and common assembly rooms on the second story shall have an interior
stairway and a permanent, affixed exterior ladder or a second interior or
exterior stairway. These two means of egress shall be remote from each other.

(4)
Sleeping and common assembly
rooms located above the second story shall not be used if they are disapproved
by a state or local fire or building department having jurisdiction.

(5)
A dry chemical, multi-purpose 4A 60 BC or
equivalent pressure type fire extinguisher in good working order shall be
provided and located not more than seventy-five feet from each dwelling. The
operator may provide individual dry chemical, multi-purpose 2A 10 BC or
equivalent pressure type fire extinguishers in good working order in each
housing unit to comply with this rule.

(6)
First-aid facilities shall be provided
and readily accessible for use at all times.

(7)
The first-aid kit shall be equipped with
materials to stop bleeding and to clean or cover minor cuts and abrasions. The
first-aid kit shall consist of a minimum of: thirty one-inch wide adhesive
compresses; twenty-five four-by-four-inch sterile pads; two three-inch sterile
roller gauze bandages; and one bar of soap.

(8)
Local emergency medical care addresses
and phone numbers shall be posted within the agricultural labor camp at the
same location as the agricultural labor camp license and migrant agricultural
labor ombudsman poster.

(9)
No
flammable or volatile liquids or materials shall be stored in or adjacent to a
habitable room, except for those needed for current household use.

(10)
Agricultural pesticides and toxic
chemicals shall not be stored or mixed in the camp.

(11)
Fuel lines and fuel storage tanks used
to supply cooking and heating equipment shall be installed, secured and
maintained in a safe condition.

(B)
To comply with voluntary standards of
habitability, a pay phone shall be located in the camp for the occupants' use.

(A)
The camp operator shall post the current
agricultural labor camp license and the current migrant agricultural ombudsman
poster in a conspicuous place.

(B)
The operator or his designated agent shall inspect the camp and ensure that it
is well maintained and is in a clean and sanitary condition. The camp operator
shall cause the abatement of any maintenance problem, nuisance or unsanitary
condition that may develop in the camp or be brought to his attention by the
licensor.

(C)
When the camp is
partially or totally abandoned or partially or totally vacated, the camp
operator is responsible for placing the affected grounds and buildings in a
clean and sanitary condition.

(D)
It shall be the responsibility of the camp operator to report immediately to
the health commissioner of the health district in which the camp is located the
name and address of any individual in the camp known to have or suspected of
having a communicable disease.

(A)
The
director shall designate an advisory committee for the purpose of establishing
priorities for the voluntary standards contained in this chapter.

(B)
The advisory committee shall consist of
one representative from each of the following organizations or groups: (1) The
Ohio department of health. This representative shall act as chairperson; (2) a
city or general health district; (3) a grower advocate organization; (4) a
migrant advocate organization; (5) a licensed agricultural labor camp operator;
and (6) a migrant.

(C)
The
advisory committee shall forward its recommendations for priorities to the
director by November thirtieth of each year for his consideration and
implementation during the following year.